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    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since their only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept their offer. If he declines or ignores it they will take option (3). Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still not heard anything, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me. 
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
    • STAT OF THE DAY $600,000 Texas Democratic Representative Henry Cuellar and his wife have been indicted by federal prosecutors on charges of conspiracy and bribery, after allegedly taking nearly $600,000 from a Azerbaijani-controlled company and a Mexican bank, according to the US Department of Justice.   Read more
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Varde & old MBNA card Debt - scotland


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Think I will concentrate in the most important part first which is sorting out the current court case - Paperwork has been today sent Special Delivery so should get there tomorrow or at the very latest Monday. I will keep everyone posted on the next stage in the saga

 

Thanks again for everyones help - now it's in the hands of the courts................... ;-)

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Cheers Capricorn1661

 

MandM thanks for your message the other day tried to reply however your inbox is full: Paperwork all sent Friday so will keep everyone informed of how I get on.....

 

Fingers crossed all the hard work that has gone into this over the last 2 years is going to come to a climax soon ;-)

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Cheers Capricorn1661

 

MandM thanks for your message the other day tried to reply however your inbox is full: Paperwork all sent Friday so will keep everyone informed of how I get on.....

 

Fingers crossed all the hard work that has gone into this over the last 2 years is going to come to a climax soon ;-)

 

Cleared some space now ooopps. I keep forgetting that bit.

 

M

 

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Quick update for you:

 

Received a letter from HMCS (Her Majesty’s Court Service) on Saturday morning with regards to my defence sent to them last week it reads as follows:

 

I acknowledge receipt of your defence. A copy is being served on the claimant (Or the claimants solicitor) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

So the countdown has begun lets see what happens from here – Fingers crossed people ;-)

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If you are in Scotland, does this case have any jurisdiction from the Northampton Court ?

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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None what so ever! 1st part of my defence see few posts back:

 

  1. Jurisdiction

Denied that this court has jurisdiction. The defendant resides at ************ * SCOTLAND, This is his principal or main home and the defendant has domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act'). The defendant entered into a contractual agreement with the original creditor as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissedlink3.gif with expenses in favour of the defendant. The defendant formally requests that the case be struck out due to lack of jurisdiction.

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I would imagine the case will just get stayed.....

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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The phone calls over the last few days have been ramped up by Experto - my belief is that they thought by taking this to court and issuing papers to me that I may pay up however as I have nothing to give or even offer then that option is null and void and there attempt at a final scare tactic has failed miserably with them looking like idiots so we will wait and see what happens over the next few weeks anyway.......................

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You are right.... why would they be calling you? Stand your ground.....They just trying to pull a fast one....

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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Just a thought by someone who knows nothing much at all about procedure in England, is it worth a phone call to see if its possible to have the case declared incompetent - which is a Scottish concept so wrong word - as given the Civil Jurisdiction etc Act the court from which you have been served the papers, lacks jurisdiction ( ie it not only has no right to hear it, but the Act seems to me to make clear that the court is being specifically told that the case has to be heard elsewhere and its not in England). The answer might well be that it has to go through the normal process, but it might be worth asking the question on the off chance. Perhaps a special motion to the court - just to short circuit things?

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Thanks Seriously fed up.....

 

Anybody have any thoughts? - I have been away all week and have not had any word from Experto on the court case so time is ticking for them to do something within there 28 day limit as given by the court.........

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Thanks Seriously fed up.....

 

Anybody have any thoughts? - I have been away all week and have not had any word from Experto on the court case so time is ticking for them to do something within there 28 day limit as given by the court.........

 

 

When is the 28 days up? Sounds like they will let it stay. They tried it on in the vain hope you would get scared and pay the unenforceable debt.

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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Update - I have just come back from a few days working away to find three calls from Experto Credite, no doubt there will be an interesting letter in the post winging it's way to me as we speak........... We will then see what they have to say for themselves..............

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  • 3 weeks later...

Quick - Update - I have heard nothing from either Varde, Experto, MBNA or the Court as yet...................... The 28 days for Varde to take this to court has expired almost a week ago........

 

I will keep you posted if I here anything at all ;-)

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  • 3 weeks later...

I have great pleasure in stating that I have today received word back from Court and the correspondence reads as follows:

 

“ I am writing to confirm that the above case was stayed on 7th March 2011. As such no further action can be taken without the claimant making a formal application to lift the stay”

 

Yours Faithfully

Her Majesty’s court service

 

I think we can count this as a SUCCESS ;-) :-D:-D:-D:-D:-D

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